SHAMIM AHMAD BEIGH Vs. STATE OF J&K

JUDGEMENT

(1.) SHAMIM Ahmad Beigh seeks a writ of certiorari for quashing Order No. Det/PSA/06/210 dated 13.02.2006 passed by second respondent, District Magistrate Anantnag, directing his detention under the J&K Public Safety Act, 1978.

(2.) COUNTER affidavit filed by the State -respondent indicates that the petitioner is an over -ground worker of terrorist organization namely 'Hazibul Mujahideen and had been providing food and shelter to the militants operating in Anantnag town. It is further urged by the respondents that petitioner had been found involved in extortion from general public for providing the extortion money to the militants of Hazibul Mujahideen outfit for carrying subversive activities. Various other allegations too have been raised by the respondents, on the basis whereof, the detention order issued in respect of the petitioner, is sought to be justified. In addition to the support provided by the official respondents to the detention order and grounds of detention on the basis whereof detention of the petitioner has been ordered by District Magistrate, Anantnag, it is urged that the petitioner is disentitled to maintain his petition because he had not surrendered before coming to the Court to question his detention.

(3.) I have heard learned counsel for the parties and perused the records supplied by Sh. M. A. Rathore, learned Addl. AG.